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CITY COUNCIL REGULAR SESSION
MONDAY, SEPTEMBER 9, 2002
MUNICIPAL BUILDING
3800 UNIVERSITY BLVD.
6:30 P.M.
The City Council convened in Regular Session in the Municipal Building Council
Chambers (3800 University Blvd.) on September 9, 2002, with the following members
present: Mayor Lewis presiding, Council Members May, Farley, Griffin and Jackson.
The City Manager, City Secretary, City Attorney, Finance Director, Fire Chief, Parks and
Recreation Director and Interim Public Works Director were also present.
The notice for this meeting was posted in accordance with the Texas Government Code,
th
Chapter 551, on the 6 day of September 2002 at 6:15 p.m.
Informal Session
State Transportation Enhancement Program and city center.
Matters related to the STEP project and city center improvements.
City Manager Michael Ross reported that the City Staff has been meeting routinely with
representatives from the Texas Department of Transportation, traffic engineers, the City
of Southside Place and Tim Hansen in working through conceptual plans in order to
understand all the requirements and to deliver a plan that is acceptable to the multiple
entities. Two concepts will be presented in the near future at a public meeting.
City finances, facilities, programs and the 2003 Budget.
Matters related to city finances, facilities, programs, and the 2003 Budget including
revenues and expenditures for current and future years for all funds, and capital
improvements, priorities, and related programs and expenditures, including YMCA
facilities and other park projects, police and public works facilities, street lighting,
sidewalks, drainage and flood control, animal recreation facility, traffic and parking and
other public improvements.
The City Council reviewed the list of projects for the 2003 budget and future budgets and
prioritized each project. They generally agreed that drainage, hiring of additional
firemen, streetlights, asbestos abated at the Recreation Center, gateway signage and
sidewalks were at the top of the priority list.
Mayor Lewis suggested tying the related construction costs for the drainage project to a
bond election in May of 2003 and that the City should continue to work with the other
partners involved.
City Council Regular Session, September 9, 2002
Council Member Farley suggested that the Finance Director take the list of priorities and
incorporate them into the proposed budget.
Mayor Lewis commented that revenues from property taxes were growing by
$424,856.00, a 9-1/2 percent increase, and that amount should be enough to cover any
increases that are anticipated in the 2003 budget. She stated with that amount of increase,
even thinking about looking at a tax increase would not be acceptable.
Mayor Lewis stated that it was wrong to incorporate a 5.5% across the board increase in
employee salaries and that the City was obligated to do cost of living increases and
inflation considerations but in lieu of that she suggested capping all employee salary
increases at 3% in 2003. She also suggested that employees pay a higher share of the
health care costs because of the rising increase in health care benefits. Mayor Lewis also
suggested cuts in travel and training and community relations.
Mr. Ross clarified that the salary increase was not across the board. Health insurance is
going to increase 17% and the Staff is looking at ways to give some of that increase to
employees. He stated that there have already been numerous cuts at the department level
but the Staff would look at additional cuts if the Council so desired.
Other members of the City Council requested the Staff to look at a salary increase from 0
to 5% based on performance increases.
Discussion of the 2003 budget will continue at the next regular session during the public
hearing.
Mayor and City Council protocol.
Matters related to Mayor and City Council protocol including contact and conduct related
to contracts, consultants, staff, prospective contractors, other governmental agencies and
related matters.
Council Member Farley read and submitted for the record the following comments:
?We have a simple legal blueprint that outlines how we must function as a City Council and how
we are to discharge our duties as council members.
The Home Rule Charter for the City of West University Place clearly describes a weak mayor
council/city manager form of local government.
The council exists to develop public policy. This decision making process is to be conducted by
the entire council, not by its individual members, and the mayor enjoys the same power of any
council member, no more, no less, in formulating public policy.
Furthermore, no council member has day-to-day administrative duties.
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City Council Regular Session, September 9, 2002
Issues are to be decided in this chamber. After council agrees upon policy, no member is given
the right or the authority to individually interject themselves in the process of policy
implementation.
Implementation is empowered in the office of The City Manager who also tends to the day-to-
day operations necessary for the efficient functioning of city government.
By our actions, this council has strayed, perhaps unknowingly, from the path prescribed by the
City Charter. We do not hew to the duty, responsibility and public accountability required by our
Charter.
The result has been a gaggle of elected officials, balkanized, suspicious of one another and at
times, riven by rancor.
The result is a council constantly verging on dysfunctionality, a council that sometimes places
petty personal vendetta above the collective public good.
The result is bad government, a disservice to the residents of our city, who choose the five of us
with the intention that we would do the right thing and govern according to the city charter.
The voters who elected us, admittedly a small number, expected a public airing of policy options,
alternatives and a spirited open debate. They entrusted us to conduct our business openly, not in
the corners or shadows but in the council chambers.
We have failed to meet these expectations.
This council took office a long 15 months ago with the Orwellian premise that ?some members
are more equal than others?.
The charter and applicable state law are clear on this point. We are equal among equals. There
is no privilege accorded any single member for action or for information.
I believe most of this council?s problems, distrust, acrimony, an Open Meetings Act violation,
stem from this assertion of privilege.
It logically follows that no individual member has the right to direct staff either in the
formulation of policy options or the implementation of policy.
Such action has the net effect of sullying any proposal presented to council and creates legitimate
worry that machinations continue to massage and shape policy once staff is charged with
implementing it.
In fact, one can reasonably wonder how many policy options have been quietly dispatched
outside this room by surreptitious political strong-arming.
We are either at a cross roads or a beginning. Our new CM and his staff can best serve the
citizens only if we individually as council members carry out our duties, as the charter requires.
To that all end, all important information, policy options and the like should be shared equally
and contemporaneously with all members. I commend Mike Ross on his willingness to do so. It
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City Council Regular Session, September 9, 2002
takes some fortitude for a CM to distribute data that he knows will result in some council
member being less than pleased.
Also, no member should intervene in policy implementation or the day-to-day operations of the
city. No member should be constrained in pursuing information they deem necessary to make
informed decisions.
All liaisons to staff, whether they are council members, board or commission members or
citizens, should be decided by the entire council.
Where we go from here is up to us and to an extent, staff.
I would hope staff would remind us, gently, when we inadvertently encroach upon their duties
and responsibilities. As for council members, I would ask that we simply accept our role as
stated in the charter.?
A discussion ensued regarding the protocol for contacting consultants and other
governmental agencies.
Mayor Lewis commented that the Council should work as a team to establish a policy that
reflects the will of the majority of the council for obtaining information from other
sources.
Council Member Griffin stated that she had in the past requested information and had not
received it so she made a phone call to obtain the information herself. She commented
that she would always begin with the proper channels but if she did not receive the
requested information she would use whatever means necessary to obtain information in
order to make an informed decision.
Board or Commission meetings.
Matters related to Board and Commission meetings (Zoning & Planning, Zoning Board of
Adjustment, Building & Standards Commission, Parks & Recreation, Public Safety,
Senior Services, Recycling & Solid Waste Reduction and Drainage Committee) including
reports from Council liaisons.
Council Member Griffin reported that the Building and Standards Commission denied a
variance for encroaching on an easement.
Joni Fichter, Chair of the Friends of West University Place Parks Fund, reported that the
Board was implementing a new membership program with different levels. They also
addressed the funds from the Park Lovers Ball going to Colonial Park and the Recreation
Center. They recommended an agenda item on the next city council meeting to address
designating the property at 3771 Rice Boulevard as a park.
Inquiries, requests and complaints.
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City Council Regular Session, September 9, 2002
The City Council reviewed matters received from the public and referred them to the
appropriate department or will place them on a future agenda for consideration or action.
The City Council recessed the Informal Session to convene in Regular Session at 9:05
p.m.
Formal Session
Citizen Comments.
Mayor Lewis invited citizens who wished to address the City Council to come forward as
their names were called.
Dr. Lili Feng from the Baylor College of Medicine spoke to the council about Falun Gong
practitioners.
Proclamation for fire prevention week.
Matters related to a proclamation recognizing Fire Prevention Week for the week of
October 6-12, 2002.
A motion was made by Council Member Griffin, seconded by Council Member Farley, to
accept the Proclamation recognizing Fire Prevention Week.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Friends of West University Place Parks Fund.
Matters related to the Friends of West University Place Parks Fund including
appointment of members.
A motion was made by Council Member May, seconded by Council Member Jackson, to
approve Resolution No. 2002-10 appointing and reappointing members to the Board of
the Friends of West University Place Parks Fund.
A vote was taken on the motion with the following result:
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City Council Regular Session, September 9, 2002
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
2002 Budget amendment.
Matters related to a 2002 budget amendment including first reading of Ordinance No.
1718.
Mayor Lewis read the caption of Ordinance No. 1718 as follows:
An ordinance amending the budget of the City of West University Place, Texas for the
fiscal year beginning January 1, 2002 and ending December 31, 2002; and containing
findings and provisions relating to the subject.
Copies of Ordinance No. 1718, in the form proposed for adoption, were available in the
Council Chambers.
Finance Director Walter Thomas reported that the need to amend the 2002 budget was
brought about by:
The need to appropriate and encumber funds associated with the City Manager?s
Contract.
Overtime in the Fire Department
Equipment repair costs in the Solid Waste Fund that exceeded original estimates.
The City Charter requires the Finance Director to certify that
City Manager?s Contract.
funds are available and encumbered before the City can be obligated under contract. The
City Manager?s contract contains provisions that could result in future expenditures.
While these contractual terms do not immediately create liabilities, they do create
obligations and require appropriations. The amendment to the General Fund appropriates
funds to meet these obligations through December 31, 2003. The amendment provides
$142,000 to be reserved against obligations created by the City Manger?s contract.
Overtime costs in the Fire Department are determined
Overtime in the Fire Department.
by manning requirements. The Department fields three shifts with six firefighters
assigned to each shift. The minimum manpower needed to meet state laws is five.
Vacation and training usually require one firefighter to be absent leaving the shift at the
minimum staffing level. Any further absences must be filled with overtime. The
amendment provides $125,000 to fund overtime and benefits needed to meet minimum
staffing requirements.
The amendment provides an additional $25,000 to the Solid Waste Fund is to provide
funding for equipment repair costs that exceeded the original budget.
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City Council Regular Session, September 9, 2002
These additional costs will be funded by available reserves and added revenue.
A motion was made by Council Member Jackson, seconded by Council Member Griffin,
to adopt Ordinance No. 1718 on the first reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Energy conservation.
Matters related to energy conservation including first and final reading of Ordinance No.
1719.
Mayor Lewis read the caption of Ordinance No. 1719 as follows:
An ordinance relating to energy conservation; amending the code of ordinances of the
City of West University Place, Texas; containing findings and provisions relating to the
subject; and declaring an emergency.
Copies of Ordinance No. 1719, in the form proposed for adoption, were available in the
Council Chambers.
City Attorney Jim Dougherty reported that this Ordinance relates to legislation passed in
2001 that adopted two energy conservation codes. One of them, which is referenced in
the ordinance, the International Energy Conservation Code, directed municipalities across
the state to adopt procedures for amending them and also procedures to insure that only
code certified inspectors will be inspecting energy conservation compliance. Ordinance
No. 1719 authorizes the Building Official to contract to get code certified inspectors or in
some cases he could authorize builders to hire a code certified inspection firm.
A motion was made by Council Member Griffin, seconded by Council Member Jackson,
to adopt Ordinance No. 1719 on the first and final reading.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Friends of West University Place Parks Fund membership program.
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City Council Regular Session, September 9, 2002
Matters related to a membership program by the Friends of West University Place Parks
Fund including approval of an expenditure of $3,600 for printing and distribution of
brochures.
Mrs. Fichter reported that the City requires that any expenditure by the Friends over
$1,000 requires approval by the City Council. The requested $3,600 would be used to
print and distribute brochures for the new membership drive.
A motion was made by Council Member Jackson, seconded by Council Member Griffin,
to approve the requested expenditure in the amount of $3,600.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Property tax refund.
Matters related to 2002 ad valorem tax refunds in the amount of $6,384.90.
Mr. Thomas reported that Section 31.11 of the Property Tax Code requires approval by
the City Council of property tax refunds that exceed $500.00. Occasionally the City
receives an overpayment of property taxes. The causes of overpayment vary, but the most
common are:
Both the taxpayer and the taxpayer?s agent pay the property tax causing a duplicate
payment.
The taxpayer may issue a check in the wrong amount causing an overpayment.
Simple mistakes.
There are four refunds totally $6,384.90.
A motion was made by Council Member Jackson, seconded by Council Member Griffin,
to approve the refund of overpaid property taxes.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
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City Council Regular Session, September 9, 2002
Drainage engineering consultant.
Matters related to drainage including funding and the appointment Claunch & Miller, Inc.
to perform a preliminary engineering study.
Mr. Ross reported that due to the recent heavy rains and the resultant flooding in a portion
of the City the City Council has requested that the preliminary engineering work begin
immediately in Priority Area 2. This work will provide for the surveying, geotechnical
and base map preparation of the area. The next phase of engineering work will be plans
specifications and estimates. Cost of the preliminary engineering will be $85,000 and will
be paid out of the existing infrastructures improvement bonds
Representatives from Claunch & Miller Engineers were present at the meeting.
The City Council inquired about the work being conducted by the Harris County Flood
Control District and if the City was duplicating their work.
Mayor Lewis asked about the City of Southside Place getting involved with the
preliminary work. The City Council agreed that an effort should be made to involve the
City of Southside Place.
A motion was made by Council Member Jackson, seconded by Council Member Griffin,
to authorize the Staff to take two weeks to speak with the City of Southside Place
regarding joint engineering work and authorize the City Manager to enter into a contract
with the City?s consulting engineer Claunch & Miller, Engineers Inc. for the preliminary
engineering associated with the project in an amount not to exceed $85,000.
A vote was taken on the motion with the following result:
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
City Council minutes.
Matters related to the minutes of the Special Sessions conducted on August 19, 21, 28
and September 4, 2002 and Regular Session conducted on August 26, 2002.
A motion was made by Council Member Jackson, seconded by Council Member Farley,
to approve the minutes as presented.
A vote was taken on the motion with the following result:
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City Council Regular Session, September 9, 2002
Voting Aye: Mayor Lewis, Council Members May, Farley, Griffin and
Jackson
Voting Nay: None
Absent: None
Council comments.
Council Member Griffin commented about a citizen being upset about a refund being sent
to her by check in the amount of 20 cents.
Council Member Farley inquired about the ability of the City to escrow funds dedicated
to a particular park.
Adjournment.
With no further business to come before the City Council at this time, a motion was made
by Council Member Jackson, seconded by Council Member May, to adjourn. The
Council meeting adjourned at 9:40 p.m.
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